Bid 071-2021RFP
Bid 071-2021RFP
Bid 071-2021RFP
The City of Springfield will accept electronically submitted proposals through its’ e-bidding service provider, DemandStar, from
qualified persons or firms interested in providing the following:
Until further notice due to the current Corona Virus (COVID-19) Pandemic and in accordance with social distancing recommendations by the
Center for Disease Control (CDC), the name of proposal providers will be read aloud publicly at the specified bid opening date and time via
teleconference. To participate dial (425) 436-6321. Use Access code 151837.
The cutoff for any questions pertaining to this solicitation is January 28, 2021 at Noon, CST. Any questions shall be submitted in writing to the
buyer identified above.
Proposers are to submit all pages of this RFP identified with “RETURN THIS PAGE” stated on the bottom right corner of said pages. Failure to do
so shall render your proposal non-responsive.
The undersigned certifies that he/she has the authority to bind this company in a contract to supply the service or commodity in accordance with all
terms and conditions specified herein. Please type or print the information below. Respondent is REQUIRED to complete, sign and return this form
with their submittal. NOTE: All businesses doing business in the State of MO should be registered with the Missouri Secretary of State. Upon MO
registration, a charter number is issued and should be identified below. If your business is exempt, the exemption number should be referenced below,
in lieu of a charter number.
Company Name Authorized Person (Print)
Address Signature
City/State/Zip Title
______________________________________________
Missouri Charter Number or Exemption Number
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RFP # 071-2021
LEGAL NOTICE:
REQUEST FOR PROPOSAL NUMBER 071-2021
The City of Springfield will accept electronically submitted proposals through its’ e-bidding service provider, DemandStar, from
qualified persons or firms interested in providing Cybersecurity Awareness Training courses for the Information Systems Department
to administer to the employees of the City of Springfield, Missouri.
VENDOR NOTE 3: If you have issues registering or uploading a proposal, please contact DemandStar toll free at (866) 273-1863.
DemandStar office hours are 8:00 AM to 7:00 PM Central Time, Monday through Friday. You can also contact the Division of
Purchases at (417) 864-1620 or the Buyer stated on the Title-Signature Page of this solicitation document between the hours of 8:00
AM to 5:00 PM Central Time, Monday through Friday.
It is strongly recommended that vendors register with DemandStar as soon as possible to ensure your ability to provide a response to
this solicitation by the due date and time. If you have any issues with DemandStar setup or navigation call (206) 940-0305.
Proposals must be received must be received electronically in the City’s e-bidding service provider DemandStar by 3:00 P.M., CST., on
FEBRUARY 10, 2021. Until further notice due to the current Corona Virus (COVID-19) Pandemic and in accordance with social distancing
recommendations by the Center for Disease Control (CDC), the name of proposal providers will be read aloud publicly at the specified
proposal closing date and time via teleconference. To participate dial (425) 436-6321. Use Access code 151837.
The City is committed to providing opportunities to DBE, MBE, and WBE’s and encourages such business enterprises to submit a
response to this solicitation.
RFP documents and any addendums are available by accessing the City’ e-bidding service provider DemandStar at
https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029
For any contract for services greater than $5,000, the successful offeror shall comply with § 285.530, RSMo, as amended, and (1)
provide by sworn affidavit affirmation that it does not knowingly employ any person who is an unauthorized alien and (2) provide
documentation affirming its enrollment and participation in a federal work authorization program with respect to the employees
working in connection with this contract. The required documentation affirming enrollment must be from the federal work
authorization program provider. Letter from respondent reciting compliance is not sufficient. All bids should include the signed and
notarized Work Authorization Affidavit and the electronic signature page from the E-Verify program. Letter from Offeror reciting
compliance is not sufficient.
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TABLE OF CONTENTS
Cover Title-Signature Page
Legal Notice
Table of Contents
PART I
Description of Project and Services Required
1.0 Introduction
2.0 Scope of Services
3.0 City Provided Services
4.0 Additional Agreements
5.0 Timeline for RFP Process and Project Completion
PART II
Standard Instructions to Offerors and Conditions of Request for Proposal
1.0 Preparation of Proposals
2.0 Submission of Proposals
3.0 Legal Name and Signature
4.0 Modifications, Corrections, or Withdrawal of Proposals
5.0 Clarification and Addenda
6.0 Responsive and Responsible Offeror
7.0 Reserved Rights
8.0 The Right to Audit
9.0 Right to Protest
10.0 Ethical Standards
11.0 Applicable Law
12.0 Jurisdiction
13.0 Collusion
14.0 Conflict
15.0 Debarment and Suspension Status
16.0 RFP Forms
17.0 Payment Terms
18.0 Regulations
19.0 Proposal Opening
20.0 Request for Additional Information
21.0 Contract Documents
22.0 Ownership of Documents
23.0 Confidentiality of Documents
24.0 Equal Opportunity Clause
25.0 Business License
26.0 Nonresident/Foreign Contractors
PART III
Format, Content, and Submission of Proposals
1.0 Forms and Attachments
2.0 Proposal Due Date
3.0 Addenda
4.0 Selection Process
5.0 Awards
6.0 Budgetary Constraints
7.0 Order of Precedence
8.0 Affidavit for Service Contracts
9.0 Open Competition
10.0 Additional Purchases by Other Public Entities
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11.0 Work Authorization Affidavit and E-Verify
12.0 Insurance Requirements
13.0 Compliance
14.0 Sample Contract
15.0 Renewal Option
16.0 Questions Regarding Specifications or Proposal Process
17.0 Criteria for Award
Enclosure I, Proposal Ranking Score Sheet
Enclosure II, Interview Ranking Score Sheet
Enclosure III, Table of Contents for Submittal
Form No. 1: Provider Profile
Form No.2: Key Outside Consultants
Form No. 3: List of References and Experience
Form No. 4: Resumes of Key Personnel
Form No. 5: Project Narrative
Form No. 6A: Service-Related Direct Expenses
Form No. 6B: Total Cost
Form No. 7 Affidavit of Compliance
Form No. 8 Certification Regarding Potential Conflicts of Interest
Form No. 9 “Statement of No Proposal”
PART IV
Insurance Requirements
PART V
Standard Terms and Conditions
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PART I
DESCRIPTION OF PROJECT AND SERVICES REQUIRED
2.0 REQUIREMENTS:
2.1 The content shall have basic customization options (at no additional cost) where the City logo can be inserted and contain
City specific branding for its training program. There shall also be an option to remove content that is irrelevant to the
operation of the City of Springfield’s computer systems. Vendor branding shall not be visible in the content delivered.
2.2 A demonstration of at least three (3) cybersecurity courses shall be available upon request.
2.3 Content must be engaging, interactive, adaptive based on user’s knowledge and include testing and scoring for each
course. New content in the topic areas (see 2.4 below) shall be refreshed periodically no less than every 2 years. Content
shall be 30 minutes or less for each course topic/SCORM package delivered.
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5.0 TIMELINE:
5.1 Timeline for RFP Process: The timeline listed below is the City’s estimation of time required to complete the RFP process. All
efforts shall be made to abide by this schedule, but it may change due to different circumstances.
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PART II
STANDARD INSTRUCTIONS TO OFFERORS AND CONDITIONS OF REQUEST FOR PROPOSAL
1.2 All proposals submitted shall be binding for one hundred twenty (120) calendar days following the opening.
1.3 The City of Springfield does not pay federal excise and sales tax on direct purchases of tangible personal property. Missouri
tax ID #12493651.
2.1 Incurred Expenses: The City is not responsible for any expenses which Offerors may incur in preparing and submitting
Proposals called for in this Request for Proposal.
2.2 Late Proposals: Proposals received by the City after the time specified for receipt will not be considered. Offerors shall
assume full responsibility for timely uploading of the Proposals to the location designated for receipt of Proposals. All
Proposals will be received at the time and place specified and made available for public inspection when a fully executed
contract is in place.
2.3 Completeness: All information required by the Request for Proposal must be supplied to constitute a responsive
Proposal. The City of Springfield reserves the right to use any and all information presented in any response to the
Request for Proposal. Acceptance or rejection of the RFP does not affect this right. Proposers are to submit all pages of
this RFP identified with “RETURN THIS PAGE” stated on the bottom right corner of said pages. Failure to do so shall
render your proposal non-responsive.
3.0 LEGAL NAME AND SIGNATURE: Proposals shall clearly indicate the legal name, address, e-mail address, telephone number, and
fax number of the Offeror (company, firm, corporation, partnership, or individual). Proposals may be manually, electronically or
digitally signed above the printed name and title of signer on the Affidavit of Compliance page. The signer shall have the authority
to legally bind the company to the submitted Proposal. Failure to properly sign the Title-Signature Page shall invalidate same,
and it shall not be considered for award.
A. A Proposal may be withdrawn via e-mail to the buyer identified on page one of this document, by the Offeror or its’
authorized representative.
4.2 A Proposal may only be modified by the following method prior to the official closing date and time specified:
A. A Proposal that has already been uploaded may be modified by uploading another proposal and identify
“MODIFICATION” on your proposal submittal.
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4.3 All modified proposals shall not be opened until the official closing date and time to preserve the integrity of the RFP
process. Telephone, telegraphic or electronic requests to modify a Proposal/Solicitation shall not be honored. No
modification or withdrawal of any response will be permitted after the RFP’ specified official closing date and time.
5.2 It shall be the responsibility of each Offeror, prior to submitting their Proposal, to check the City’s e-bidding service
DemandStar at: https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 to
determine if addenda were issued and to make such addenda a part of their Proposal.
6.0 RESPONSIVE AND RESPONSIBLE OFFEROR: To be considered a responsive Offeror, the Offeror shall submit a Proposal which
meets the minimum requirements set forth in the Request for Proposal. To be a responsible Offeror, the Offeror shall have the
capability in all respects to perform fully the minimum requirements, and the tenacity, perseverance, experience, integrity,
reliability, capacity, facilities, equipment and credit which will ensure good faith performance.
7.2 The City reserves the right to reject any and all proposals, to waive technical defects, and to select the proposal(s) deemed
most advantageous to the City.
8.0 THE RIGHT TO AUDIT: The Offeror agrees to furnish supporting detail as may be required by the City to support charges or
invoices, to make available for audit purposes all records covering charges pertinent to the purchase, and to make appropriate
adjustments in the event discrepancies are found. The cost of any audit will be paid by the City. The City shall have the right to
audit the Offeror’s records pertaining to the work/product for a period of three (3) years after final payment.
9.2 Any protest shall state the basis upon which the solicitation or award is contested and shall be submitted within thirty
(30) calendar days after such aggrieved person knew or could have reasonably been expected to know of the facts giving
rise thereto.
10.0 ETHICAL STANDARDS: With respect to this RFP, if any Offeror violates or is a party to a violation of the general ethical standards
stated in the City Purchasing Manual or the State of Missouri Statues, such Offeror may be disqualified from furnishing the goods
or services for which the Proposal is submitted and may be further disqualified from submitting any future Proposals. A copy of
the City’s General Ethical Standards is located in sections 13-3.406-13.3.407 of the City Purchasing Manual. The following is the
link to the City Purchasing Manual: https://www.springfieldmo.gov/DocumentCenter/View/7604/Purchasing-Manual-PDF
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11.0 APPLICABLE LAW: All applicable laws and regulations of the State of Missouri and the City of Springfield, Missouri including the
City’s Procurement Regulations and Procedures stated in the City Purchasing Manual shall apply to any resulting agreement,
contract, or purchase order. Any involvement with the City Procurement shall be in accordance with the City Purchasing
Manual. The following is the link to the City Purchasing Manual:
https://www.springfieldmo.gov/DocumentCenter/View/7604/Purchasing-Manual-PDF
12.0 JURISDICTION: This RFP and every question arising hereunder shall be construed or determined according to the laws of the
State of Missouri. Should any part of this contract be litigated, venue shall be proper only in the Circuit Court of Greene County,
Missouri.
13.0 COLLUSION: By offering a submission to this Request for Proposal, the Offeror certifies it has not divulged, discussed, or
compared the Proposal with other Offerors and has not colluded with any other Offeror or parties to this RFP whatsoever. Also,
the Offeror certifies, and in the case of a joint Proposal, each party thereto certifies as to their own organization, that in
connection with this RFP:
13.1 Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or
contract for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any
other Offeror or with any competitor.
13.2 Any prices and/or cost data for this Proposal have not knowingly been disclosed by the Offeror and will not knowingly be
disclosed by the Offeror prior to the scheduled official due date directly or indirectly to any other Offeror or to any
competitor.
13.3 No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a
Proposal for the purpose of restricting competition.
13.4 The only person or persons interested in this Proposal, principal or principals are named therein and that no person other
than therein mentioned has any interest in this Proposal or in the contract to be entered into.
13.5 No person or agency has been employed or retained to solicit or secure this contract upon a contract or understanding for
a commission, percentage, brokerage, or contingent fee exempting bona fide employees or established commercial
agencies maintained by the Purchaser for the purpose of doing business.
14.0 CONFLICT: By submission of its response, the offeror certifies that they are in compliance with items 14.1 through 15.4.
14.1 No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or
indirect, in this Contract. A violation of this provision renders the Contract void. Any applicable federal regulations and
applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. Contractor/Consultant covenants that it
presently has no interest and shall not acquire any interest, of a direct or indirect nature, which would conflict in any
manner or degree with the performance of services to be performed under this Contract. The Contractor/Consultant
further covenants that in the performance of this Contract no person having such interest shall be employed or
compensated by Contractor/Consultant. City of Springfield Charter Sec. 19.16 also prohibits City board members from
contracting with the department the board administrates or with the board he or she is a member of. Please be aware that
you have a duty to disclose any member of your business that has a position on a City of Springfield board or commission,
is a City Council Member, a City employee, or the spouse or dependent child of a City employee. Failure to do so may
render the contract with the City of Springfield void and result in the board member or City Council member or City
employee forfeiting his or her job with the City. Additionally, it may be a violation of state law. If you would like more
information on this contact the City or review City Charter Section 19.16 and Section 105.452 RSMo.
NOTE: COMPLETION AND SUBMITTAL OF FORM NO. 8.0 CERTIFICATION REGARDING POTENTIAL CONFLICTS OF INTEREST
MUST BE SUBMITTED WITH YOUR BID RESPONSE TO BE CONSIDERED RESPONSIVE.
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15.0 DEBARMENT AND SUSPENSION STATUS:
15.1 Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
covered transactions by any government agency, nor is Offeror an agent of any person or entity that is currently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any
government agency.
15.2 Offeror has not within a three year period preceding this Invitation been convicted of or had a civil suit judgment rendered
against Offeror for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or
performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or
receiving stolen property.
15.3 Offeror is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses enumerated above.
15.4 Offeror has not, within a three-year period preceding this Invitation, had any government (federal, state, or local)
transactions terminated for cause or default.
16.0 RFP FORMS: Unless otherwise specified, Offerors must use the Request for Proposal Forms furnished by the City. Failure to do
so shall be grounds for rejection of the proposal. Offerors must indicate any exceptions to the City’s requested specifications
and/or terms and conditions, on the RFP Affidavit of Compliance. Taking exception to the specifications and/or terms and
conditions MAY render the Offeror’s proposal non-responsive and may remove it from consideration for award (depending
on the Offeror’s noted exceptions). All exceptions will be reviewed on a case by case basis. If no exceptions are noted Offerors
must fully comply with the City requested specifications, requirements, and terms and conditions. By signing the Affidavit of
Compliance without taking exception to this solicitation you are hereby agreeing to the City’s terms and conditions as stated
herein. If you disagree with any part of this document, you must state the exception on the Affidavit of Compliance. Additional
terms and conditions submitted with your response without taking exception to the solicitation will not be considered and will
not become a part of the contract if your proposal is accepted.
17.0 PAYMENT TERMS: Payment terms shall be Net 30 if not otherwise specified. Pre-payment terms are not acceptable. If an
Offeror offers a discount on payment terms, the discount time will be computed from the date of satisfactory delivery at place
of acceptance and receipt of correct invoice at the office specified.
18.0 REGULATIONS: It shall be the responsibility of each Offeror to assure compliance with OSHA, EPA, Federal, State of Missouri,
and City rules, regulations, or other requirements, as each may apply.
19.0 PROPOSAL OPENING: A public opening shall take place at the date and at the time specified on the Title Signature Page. Only
the name of the Offerors that submitted Proposals will be read aloud. Until further notice due to the current Corona Virus (COVID-
19) Pandemic and in accordance with social distancing recommendations by the Center for Disease Control (CDC), the name of
proposal providers will be read aloud publicly at the specified bid opening date and time via teleconference. To participate dial (425) 436-
6321. Use Access code 151837. All other information shall remain confidential during the evaluation process. After a fully executed
contract is in place, Offeror’s may request a debriefing and Proposal files may be examined during normal working hours by
appointment.
20.0 REQUEST FOR ADDITIONAL INFORMATION: The Offeror shall furnish such additional information as the City of Springfield may
reasonably require. This includes information which indicates financial resources as well as ability to provide services. The City reserves
the right to make investigations of the qualifications of the Offeror as it deems appropriate.
21.0 CONTRACT DOCUMENTS: If it is determined that a contract be issued via this solicitation, the contract between the City of
Springfield and the Contractor shall generally consist of: (1) applicable contract document, (2) the Request for Proposal, and any
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addenda thereto and, (3) the Offeror’s proposal, as accepted, submitted in response to the Request for Proposal, and (4) any
negotiated Best and Final Offer. Any agreement, contract, or purchase order resulting from the acceptance of a proposal shall be on
forms either supplied by or approved by the City.
21.1 Any contract resulting from this solicitation may be executed and delivered by the parties electronically, and fully executed
electronic versions of the contract instrument, or reproductions thereof, will be deemed to be original counterparts.
21.2 The successful Offeror shall have ten (10 days) after receipt of the Notice of Recommendation for Award letter to return all
requested documentation as required by the Request for Proposal. Failure to comply within the established deadline for
submittal of required documents may be grounds for cancellation of the award.
22.0 OWNERSHIP OF DOCUMENTS: All files and information will be submitted before or upon final approval and acceptance of the
contract documents. All documents, including original drawings, calculations, computer runs, field notes, drawings, estimates,
specifications, written design criteria and written reports are and remain the property of the Contractor until such time as this
Contract is, for any reason, terminated, at which time they become the property of the City.
23.0 CONFIDENTIALITY OF DOCUMENTS: Any reports, data, design or similar information given to or prepared or assembled under
this contract which the City requests to be kept as confidential shall not be made available to any individual or organization
without prior written approval of the City.
24.0 EQUAL OPPORTUNITY CLAUSE: The City of Springfield, in accordance with the provision of Title VI of the Civil Rights Act of 1964
(78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies
all qualified firms/providers that the City affirmatively ensure that minority businesses will be afforded full opportunity to submit
a proposal in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin
in consideration for award.
24.1 The City of Springfield encourages the participation of Disadvantage Business Enterprises (DBEs). If your firm is a designated
DBE, please be sure and identify such on the enclosed FORM NO. 7 AFFIDAVIT OF COMPLIANCE.
25.0 BUSINESS LICENSE: The Offeror shall obtain and maintain a business license with the City of Springfield, Missouri, if required
by city code and any required state or federal license. The cost for this business license shall be borne by the Offeror. No contract
will be executed by the City until this business license has been obtained.
26.0 NONRESIDENT/FOREIGN CONTRACTORS: The Contractor shall procure and maintain during the life of this Contract:
26.1 If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri
from the Secretary of State, unless exempt pursuant to the provisions of Section 351.572 RSMo.; and
26.2 A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial
assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo.
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PART III
FORMAT, CONTENT, AND SUBMISSION OF PROPOSALS
1.0 FORMS AND ATTACHMENTS: The Affidavit of Compliance Form is required to be uploaded with your Proposal. Any exceptions
to the RFP terms, conditions and requirements shall be stated on this form. The Proposal shall be signed by a party authorized
by law to bind the Offeror, such as an officer listed on a corporation’s filing with the Missouri Secretary of State, an owner, or a
managing member of an LLC or partnership.
2.0 PROPOSAL DUE DATE: Proposals shall be uploaded to the Division of Purchases e-bidding service, DemandStar no later than 3:00
p.m., Day, Date. Proposals will not be accepted after this time. Proposals shall be addressed as follows:
3.0 ADDENDA: If it becomes necessary to revise or amend any part of this Request for Proposal, an addendum will be posted on the
City’s website at www.springfieldmo.gov/bids and at:
https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029
Receipt of an addendum to an RFP by an Offeror must be acknowledged by signing and uploading the addendum with your
proposal response to https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 prior to the
closing time and date.
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Step Three: Best and Final Offer (BAFO): The City reserves the right to conduct pre-award discussions, interviews, pre-contract
negotiations, and if necessary, a best and final offer (BAFO) with any or all responsive and responsible Offerors who submit
Proposals determined to be reasonably acceptable of being selected for award. The City reserves the right to award a contract
to a firm solely based on their initial proposal submitted without any further interview, discussion and negotiations.
4.1 Interviews: The City reserves the right to conduct personal interviews or require presentations of any or all Offerors prior
to selection. The City will not be liable for any costs incurred by the Offeror in connection with such
interviews/presentations (i.e., travel, accommodations, etc.)
4.2 Negotiations: The City reserves the right to enter into negotiations with the highest-ranking firm. If negotiations with the
highest-ranking firm fail, the City may enter into negotiations with the second highest-ranking firm and so on until a
contract is executed or if all negotiations fail a new solicitation may be warranted.
5.0 AWARDS:
5.1 Unless otherwise stated in the Request for Proposal, cash discounts for prompt payment of invoices will not be considered
in the evaluation of prices, if part of the Proposal. However, such discounts are encouraged to motivate prompt payment.
5.2 As the best interest of the City may require, the right is reserved to make awards; to reject any and all Proposals or to
waive any minor irregularity of technicality in Proposals received.
5.3 Award will be made based upon Evaluation Committee recommendation after Proposals have been scored based upon
award criteria specified herein.
5.4 Each Proposal is received with the understanding that the acceptance in writing by the City of the offer to furnish any or
all the materials, equipment, supplies or services described therein shall constitute a contract between the Offeror and
the City; and shall bind the Offeror to furnish and deliver at the price, and in accordance with the conditions of said
accepted Proposal and detailed specifications.
6.0 BUDGETARY CONSTRAINTS: The City reserves the right to reduce or increase the quantity, retract any item and/or service from
the Proposal, or upon notification, terminate entire contract without any obligations or penalty based upon availability of funds.
7.0 ORDER OF PRECEDENCE: Any and all Special/General Conditions and Specifications attached hereto, which varies from the
instruction to Offerors, shall take precedence.
8.0 AFFIDAVIT FOR SERVICE CONTRACTS: The Offeror represents, in accordance with RSMO 285.530.2 that they have not
employed, or sub-bid with, unauthorized aliens in connection with the scope of work to be done under the RFP and agrees to
provide an affidavit to the City of Springfield affirming that they have not, and will not in connection with the RFP, knowingly
employ, or sub-bid with, any person who is an unauthorized alien.
9.0 OPEN COMPETITION: It is the intent and purpose of the Division of Purchases that the Request for Proposal process permits
free and open competition. However, it shall be the Offeror's responsibility to advise the Division of Purchases if any language,
requirements, etc., or any combination thereof, inadvertently restricts or limits the requirement to a single source or otherwise
prohibits the submission of a Proposal. The notification should be received by the Division of Purchases at least ten calendar days
prior to the specified Request for Proposal due date and time.
10.0 ADDITIONAL PURCHASES BY OTHER PUBLIC AGENCIES: The Offeror by submitting a proposal authorizes other public agencies
to “Piggy-Back” or purchase equipment, products, and services being proposed in this Request for Proposal unless otherwise
noted on the Affidavit of Compliance Form.
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11.0 WORK AUTHORIZATION AFFIDAVIT AND E-VERIFY:
Effective January 1, 2009, and pursuant to the State of Missouri’s RSMO 285.530 (1), No business entity or employer shall
knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of
Missouri.
[RSMO 285.530 (2)] As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any
political subdivision of the state (e.g., Greene County, Mo.) to a business entity, the business entity (Company) shall, by sworn
affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with
respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit
affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.
RSMO 285.530 pertains to all solicitations for services over $5,000. RSMO 285.530 does not apply to solicitations for goods only.
If a solicitation is for services and goods, RSMO 285.530 applies if the services portion of the solicitation is over $5,000.
The required documentation must be from the federal work authorization program provider. e.g. the electronic signature page from
the E-Verify program’s Memorandum of Understanding. Letter from Consultants reciting compliance is not sufficient.
The Department of Homeland Security, U.S. Citizenship and Immigration Services, (USCIS) in partnership with the Social Security
Administration (SSA) operate an FREE internet-based program called E-Verify, http://www.dhs.gov/everify that allows employers to
verify the employment eligibility of their employees, regardless of citizenship. Based on information provided by employees on their
Form I-9, E-Verify checks the information electronically against records contained in DHS and Social Security Administration databases.
There are penalties for employing an unauthorized alien. The City may enforce any and all penalties available under local, state and/or
federal law.
All submittals shall include the signed and notarized Work Authorization Affidavit AND the electronic signature page from the E-Verify
program.
County of )
) ss.
State of )
_________________________________________
Affiant
_________________________________________
Printed Name
_________________________________________
Notary Public
SEAL
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12.0 INSURANCE REQUIREMENTS: Before a contract is executed, the successful respondent shall furnish to the City a CERTIFICATE OF
INSURANCE (COI) as described in PART IV: Insurance Requirements. The requirement for the provision of a Certificate of Insurance is
conditional based upon whether or not services will be performed on City property. A COI shall be required when services are
performed on City property.
13.0 COMPLIANCE: The following items shall be provided by proposer to the City of Springfield Division of Purchases. To be considered
complete and responsive, Offeror must submit all Pages identified with “RETURN THIS PAGE” of this RFP document as well as the
specified number of copies. Proposers are to submit all pages of this RFP identified with “RETURN THIS PAGE” stated on the
bottom right corner of said pages. Failure to do so shall render your proposal non-responsive.
13.3 All businesses doing business in the State of MO should be registered with the Missouri Secretary of State. Upon MO
registration, a charter number is issued and should be identified on the front cover page of this solicitation. If your business is
exempt, the exemption number should be referenced in lieu of a charter number. This information should be completed at
the time of offer submittal and shall be required prior to award. To register with the Missouri Secretary of State, please consult:
https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0
13.4 Respondents legal entity company name must be identified the SAME on their W9 and Certificate of Insurance (COI).
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14.0 SAMPLE CONTRACT: The City has included with this RFP a sample contract for the services requested. This sample is provided for
illustrative purposes only. The City reserves the right to submit a contract which differs from the following example:
THIS CONTRACT, made and entered into this ____ day of _______________, 2021, by and between the City of Springfield, a municipal
corporation of the State of Missouri, hereinafter referred to as the "City" with an office located at 218 E Central, Springfield, Missouri
65802 and _________________________________., a company in the State of _______, hereafter referred to as “Service Provider.”
WITNESSETH:
THAT WHEREAS, the City of Springfield desires to engage the Service Provider to provide Cybersecurity Awareness Training
described in Request for Proposal #071-2021 which is attached hereto and incorporated herein as EXHIBIT A; and
WHEREAS, the Service Provider submitted a proposal and said proposal is attached hereto and incorporated herein as EXHIBIT B;
and
NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained, IT IS HEREBY AGREED by the
parties hereto as follows:
1. City employs Service Provider to perform the services hereinafter set forth.
2. Services. The Service Provider represents that it is equipped, competent, and able to perform, and that it will perform all services
hereinafter set forth in a diligent and competent manner in accordance with the professional standard of care customarily recognized
by members of Service Provider’s profession practicing in the State of Missouri within the same general timeframe. Service Provider
will perform all such services in accordance with the following provisions, incorporated into this Contract as if set forth in full herein:
City’s Request for Proposal No. 071-2021 hereinafter EXHIBIT A, and the Service Provider’s Response to the RFP, hereinafter EXHIBIT
B. Where the terms of the RFP or the Service Provider’s Response to the RFP conflict, the terms of EXHIBIT A shall control.
3. Compensation. It is expressly understood that in no event will the compensation to be paid to the Service Provider under the
terms of this Contract for the services set forth in the Scope, and for reimbursement of authorized expenses exceed the line item costs
outlined in EXHIBIT B. Service Provider agrees that the price for all line items outlined in EXHIBIT B shall not increase for a period of
one (1) year from the date of agreement execution. If additional services are requested by the City, the Service Provider will prepare
and submit to the City an estimate of the total cost associated with such additional services. The City will review and approve in
writing such cost estimate for additional services, and the total compensation and reimbursement to be paid by the City to the Service
Provider for such approved additional services shall not exceed the approved amount. Service Provider’s fees for additional services
shall be billed on an hourly basis at Service Provider’s current standard rates, which will in no event exceed the amount approved by
the City in writing for such additional services.
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4. The term of this Contract shall be for a one (1) year period from________ through ________. The City may, at its option, renew
the Contract up to four (4) additional one-year terms by giving written notice to the service provider. Any increase in cost at the
beginning of each renewal period will be limited to that allowed per RFP# 071-2021; section 15.0; Renewal Option. All pricing identified
on the pricing page shall be in effect for the stated contract term.
5. This Contract may be executed and delivered by the parties electronically, and fully executed electronic versions of the contract
instrument, or reproductions thereof, will be deemed to be original counterparts.
6. This contract shall be binding on the parties thereto only after it has been duly executed and approved by the City and the Service
Provider.
IN WITNESS WHEREOF, the parties hereto evidence their agreement to the terms of this Contract by their signatures below.
Title: _________________________________
_______________________________ ____________
David Holtmann, Director of Finance Date CITY OF SPRINGFIELD, MISSOURI
or
Acting Director of Finance
By: ____________________________ __________
APPROVED AS TO FORM Ben Calia, CPPB, City Purchasing Agent Date
or Acting Purchasing Agent
________________________________ ___________
City Attorney or Assistant City Attorney Date
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15.0 RENEWAL OPTION:
a. The City reserves the right to negotiate this contract for four (4) additional one-year renewal periods.
b. If the service provider requests an increase in compensation for any renewal period, the service provider shall notify the
Purchasing Division no less than sixty (60) days prior to the end of the contract period.
c. Adjustments in cost at the beginning of each renewal period must be mutually agreed upon by both parties. All requested
increases must be accompanied by justification acceptable to the City to establish allowable renewal term pricing.
d. The City’s Purchasing Division staff conducting this solicitation shall notify the service provider in writing of the intent to
exercise the renewal option. However, failure to notify the consultant does not waive the City’s right to exercise the renewal
option.
16.0 QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS: To ensure fair consideration for all Offerors, the City
prohibits communication to or with any department, board, or employee during the submission process, except as provided.
Additionally, the City prohibits communications initiated by an Offeror to the City official(s) or employee(s) evaluating or
considering the Proposals prior to the time a fully executed contract is in place. Any communication between Offeror and the
City will be initiated by the appropriate City Official(s) or employee(s) in order to obtain information or clarification needed to
develop a proper, accurate evaluation of the Proposal. Such communications initiated by an Offeror may be grounds for
disqualifying the offending Offeror from consideration for award of the Proposal and/or any future Proposal(s).
16.1 Any questions relative to interpretation of specifications or the Proposal process shall be addressed in writing to the Buyer
identified on page 1 of this solicitation, in ample time before the period set for the receipt and opening of Proposals. No
inquiries, if received after the deadline for final questions date listed in the Scope of Work will be given any consideration.
Any interpretation made to prospective Offerors will be expressed in the form of an addendum to the RFP which, if issued,
will be conveyed in writing to all prospective Offerors by the City’s response to question date listed in the Scope of Work.
16.2 It will be the responsibility of the Offeror to contact the Division of Purchases prior to submitting a Proposal to ascertain if
any addenda have been issued, to obtain all such addenda, and to acknowledge addendum with the Proposal. Receipt of
an addendum to an RFP by an Offeror must be acknowledged by signing and uploading the addendum with your proposal
to https://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=548029 prior to the closing time
and date.
17.0 CRITERIA FOR AWARD: The Evaluation Committee will evaluate Proposals and a recommendation will be made to the Buyer.
Each Proposal will be evaluated for full compliance with the RFP instructions to the Offeror and the mandatory terms and
conditions set forth within the RFP. The objective of the evaluation will be to recommend the Offeror who is most responsive to
the herein described needs of the City. Proposals which are responsive to this Request for Proposal will be evaluated based on,
but not limited to the following criteria:
17.1 20 number of points for Evidence of Experience & References with Similar Projects (FORM 3)
*On August 8, 2016, in General Ordinance 6301, City Council voted to amend the Springfield City Code, Chapter 2,
Administration, Article VI, Finances, Division 2, Purchasing, Section 2-401, known as the Purchasing Manual, by amending
Subsection 13-3.104.1. (D) to clarify the local preference provision and by deleting Subsections 13-3.105.2 and 13-3.105.3
to remove a conflicting local preference provision. This amendment specifies that when an RFP is evaluated, the score
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given to Offerors within the Springfield Metropolitan Statistical Area for the criteria of cost shall be increased by 10 percent
of the total points possible for cost. Cost for points shall be calculated by the Purchasing Division.
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ENCLOSURE I
PROPOSAL RANKING SCORE SHEET
SCORING RANGES
20 Point Questions
Outstanding 17 – 20
Exceeds Acceptable 13 – 16
Acceptable 9 – 12
Marginal 0–8
• Project Manager
• Project team
• Sub-consultants (if applicable)
• Standard Quality Assurance/Quality Control program or procedures the firm has in place
• Adequacy of proposed team/resources to complete project within proposed time frame
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ENCLOSURE II
INTERVIEW RANKING SCORE SHEET
SCORING RANGES
20 Point Questions
Outstanding 17 – 20
Exceeds Acceptable 13 – 16
Acceptable 9 – 12
Marginal 0–8
• Project Manager
• Project team
• Sub-consultants (if applicable)
• Standard Quality Assurance/Quality Control program or procedures the firm has in place
• Adequacy of proposed team/resources to complete project within proposed time frame
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ENCLOSURE III
TABLE OF CONTENTS FOR SUBMITTAL
The following table sets forth the specific items to be addressed in the proposal. Respondents are requested to use this page with their
proposal and with the corresponding page numbers indicated on the information submitted within their proposal:
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FORM NO. 1: PROVIDER PROFILE
1a. Provider /Firm is: ___ National ___ Regional ___ Local
1d. Principal contact information: Name, title, telephone number and email address:
2. Please list the number of persons by discipline that your Firm/Joint Venture will commit to the City's project or the services to be
provided:
3. If submittal is by Joint Venture or utilizes subcontractors, list participating firms / providers and outline specific areas of responsibility
(including administrative, technical, and financial) for each firm:
3a. Has this Joint Venture previously worked together? ___ Yes ___ No
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FORM NO. 2: KEY OUTSIDE CONSULANTS
Each respondent must complete this form for all proposed sub-consultants.
SUB-CONSULTANT #1
Name & Address
SUB-CONSULTANT #2
Name & Address
SUB-CONSULTANT #3
Name & Address
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FORM NO. 3: LIST OF REFERENCES AND EXPERIENCE
Work by Service Provider/Firm (including any subcontractors or Joint-Venture companies) that best illustrate current qualifications relevant
to the City's project that has been/is being accomplished by personnel during the past five (5) years that shall be assigned to the City's
project. List no more than ten (10) total projects:
Estimated Cost (in Thousands) for work performed by responsible Service Provider/Firm: $
Nature of Service Provider’s/Firm's responsibility in project: (Please give quantitative indications wherever possible).
Service Provider’s/Firm’s Personnel (Name/Project Assignment) who worked on the stated project that shall be assigned to the City's
project:
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FORM NO. 4: RESUMES OF KEY PERSONNEL
Brief resume of key persons, specialists, and individual service providers that shall be assigned to the City project:
b. Project Assignment:
d. Years of Experience:
With this service provider/firm ___ other service providers/firms ___
e. Education: Degree(s)/Year/Specialization:
f. Current Registration(s):
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FORM NO. 5: PROJECT APPROACH NARRATIVE
Use this space to provide a detailed project approach including but not limited to:
• Project schedule and detailed approach is reasonable/responsive to City’s needs
• Roles of all involved parties clearly identified
• Familiarity with project location as evidenced by pre-proposal attendance, proposal/interview (if applicable)
• Identify/recognize critical or unique issues specific to the project and successful critical or unique approaches used elsewhere
• Proposed communication process
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FORM NO. 6A:
SERVICE-RELATED DIRECT EXPENSES
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FORM NO. 6B: TOTAL COST
Overall total project cost to include all related cost associated with the proposed project or scope of services, to include but not
limited to: Personnel, total hours and service-related expenses.
_____________________________________________________________________
Use words, Dollars/Cents
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FORM NO. 7 AFFIDAVIT OF COMPLIANCE
I have carefully examined the Request for Proposal and agree to abide by all submitted pricing, delivery, terms and conditions of this
RFP unless otherwise stipulated herein.
By _______________________________________
(Authorized Person's Signature)
________________________________________
(Print or type name and title of signer)
Company Address___________________________
__________________________________________
__________________________________________
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FORM NO. 8 CERTIFICATION REGARDING POTENTIAL CONFLICTS OF INTEREST
The City’s Charter, Sec. 19.16, prohibits any Council member or employee of the City from having a financial interest, direct or
indirect, in any contract with the City and any member of a City board or commission from having a financial interest, direct or
indirect, in any contract with the department or administrative agency managed or operated by the board or commission on which
he or she serves.
***Any violation of this section renders the contract or sale void, and any council member, officer, employee, or board member
violating the Section thereby forfeits his office or employment. ***
1. ____ No City Council member, City employee, or City board or commission member is an employee, officer, partner, owner, etc.,
of vendor.
2. ____ No spouse or dependent child of a City Council member, City employee, or City board or commission member is an
employee, officer, partner, owner, etc., of vendor.
3. ____ A City Council member or spouse is an employee, officer, partner, owner, etc., of vendor.
4. ____ A City employee or spouse is an employee, officer, partner, owner, etc., of vendor.
5. ____ A City board/commission member or spouse is an employee, officer, partner, owner, etc., of vendor.
If choosing 3, 4, or 5, please provide name of Council member, employee, board or commission member, or spouse:
____________________________________________________________________________
Vendor Certification:
______________________________________________
By: ___________________________________________
______________________________________________
Title: _________________________________________
Please note whether the Charter is violated is fact specific. City staff will follow up with you for additional information.
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FORM NO. 9 STATEMENT OF “NO PROPOSAL”
RETURN THIS PAGE ONLY IF YOUR COMPANY PROVIDES THE PRODUCTS/SERVICES REQUESTED AND DECLINES TO DO SO.
WE, THE UNDERSIGNED, HAVE DECLINED TO SUBMIT A PROPOSAL ON RFP NO. 071-2021 FOR CYBERSECURITY AWARENESS
TRAINING FOR THE FOLLOWING REASON(S):
_________ SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY
(PLEASE EXPLAIN REASON BELOW)
_________ REMOVE US FROM YOUR BIDDERS' LIST FOR THIS COMMODITY OR SERVICE
REMARKS:
COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
DATE:
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PART IV
INSURANCE REQUIREMENTS
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall secure and maintain at its own cost
and expense, throughout the duration of this Contract and until the work is completed and accepted by the City, insurance of such
types and in such amounts as may be necessary to protect it and the interests of the City against all hazards or risks of loss as hereunder
specified or which may arise out of the performance of the Contract Documents. The form and limits of such insurance, together with
the underwriter thereof in each case, are subject to approval by the City. Regardless of such approval, it shall be the responsibility of
the contractor to maintain adequate insurance coverage at all times during the term of the Contract. Failure of the Contractor to
maintain coverage shall not relieve it of any contractual responsibility or obligation or liability under the Contract Documents.
The certificates of insurance, including evidence of the required endorsements hereunder or the policies, shall be filed with the City
within ten (10) days after the date of the receipt of Notice of Award of the Contract to the Contractor and prior to the start of work.
All insurance policies shall provide thirty (30) days written notice to be given by the insurance company in question prior to
modification or cancellation of such insurance and shall list the City as an additional insured and shall be accompanied by the
policy’s endorsements adding the City as an additional insured. Such notices shall be sent via email to
purchasingquotes@springfieldmo.gov, faxed to 417-864-1927, or mailed to:
The minimum coverage for the insurance referred to herein shall be in accordance with the requirements established below: Such
policies shall name the City as an additional named insured with limits of liability not less than the sovereign immunity limits for
Missouri public entities calculated by the Missouri Department of Insurance as of January 1 each calendar year and published
annually in the Missouri Register pursuant to Section 537.610, RSMo. (See, http://insurance.mo.gov/industry/sovimmunity.php) as
follows:
As of January 1, 2021, the minimum coverage for the insurance referred to herein shall be as set out below:
B. Commercial General Liability Insurance, including coverage for Contractual Liability and Independent Contractors Liability. Such
coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of at least Two Million,
Nine Hundred Forty Thousand, Eight Hundred Sixty Eight and no/100 Dollars ($2,940,868.00) for all claims arising out of a
single accident or occurrence and at least Four Hundred Forty One Thousand One Hundred Thirty and no/100 Dollars
($441,130.00) with respect to injuries and/or death of any one person in a single occurrence and an amount not less than at
least $1,000,000 for all claims to property arising out of a single occurrence and at least $100,000 to any one owner with respect
to damages to property. Service Provider agrees that the proceeds of such insurance policy shall first be used to pay any award,
damages, costs, and/or attorney fees incurred by or assessed against City, its employees, officers and agents, before payment of
any award, damages, costs or attorneys’ fees of Service Provider, its employees, officers or agents. Service Provider agrees to
cause its insurer to name City as an additional insured on such insurance policy, including the City as an additional insured for
coverage under its products-completed operations hazard, and said policy shall be primary and noncontributory.
C. Subcontracts: In case any or all of this work is sublet, the Service Provider shall require the subcontractor to procure and
maintain all insurance required in subparagraphs (A), (B), (C), (D) and (E) hereof and in like amounts. Contractor shall require
any and all subcontractors with whom it enters into a contract to perform work on this project to protect the City of Springfield
through insurance against applicable hazards or risks and shall, upon request of the City, provide evidence of such insurance.
D. Notice: The Service Provider and/or subcontractor shall furnish to the City prior to beginning the work, the policy as specified in
subparagraph (d), and satisfactory proof of carriage of all the insurance required by this contract, with the provision that policies
shall not be canceled, modified or non-renewed without thirty (30) days written notice to the City of Springfield. The thirty (30)
day cancellation notice is required to be identified on the submitted Certificate of Insurance (COI).
E. Legislative or Judicial Changes: In the event the scope or extent of the City’s tort liability as a governmental entity as described
in Section 537.600 through 537.650 RSMo is broadened or increased during the term of this agreement by legislative or judicial
action, the City may require Service Provider, upon 10 days written notice, to execute a contract addendum whereby the
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Contractor agrees to provide, at a price not exceeding Contractor’s actual increased premium cost, additional liability insurance
coverage as the City may require to protect the City from increased tort liability exposure as the result of such legislative or
judicial action. Any such additional insurance coverage shall be evidenced by an appropriate certificate of insurance and shall
take effect within the time set forth in the addendum.
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PART V
STANDARD TERMS AND CONDITIONS
A. Services. The City agrees to engage the services of the Service Provider and the Service Provider agrees to perform the
services hereinafter set forth in accordance with the standard of care, skill and expertise ordinarily used by other members
of Service Provider’s profession in performing similar services. No services shall be provided by Service Provider until this
Contract has been fully executed.
B. Addition to Services. The City may add to the Service Provider services or delete therefrom activities of a similar nature
provided that the total cost of such work does not exceed the total cost allowance as specified in the final contract document.
The Service Provider shall undertake such changed activities only upon the direction of the City. All such directives and
changes shall be in written form and prepared and approved by the City and shall be accepted and countersigned by the
Service Provider.
C. Exchange of Data. All information, data, and reports in the City’s possession and necessary for the carrying out of the services
related to this Contract, shall be furnished to the Service Provider without charge, and the parties shall reasonably cooperate
in connection with this Contract.
D. Personnel. The Service Provider represents that Service Provider will secure at Service Provider's own expense; all personnel
required to perform the services called for under this Contract by Service Provider. Such personnel shall not be employees
of or have any contractual relationship with the City except as employees or independent contractors of the Service Provider.
All of the services required hereunder will be performed by the Service Provider or under Service Provider's direct supervision
and all personnel engaged in the services shall be fully qualified and shall be authorized under state and local law to perform
such services. None of the work or services covered by this Contract shall be subcontracted without the written approval of
the City.
E. Conditioned upon acceptable performance. Provided Service Provider performs the services in the manner set forth in
paragraph A hereof, the City agrees to pay the Service Provider in accordance with the terms set forth in this Contract, which
shall constitute complete compensation for all services to be rendered under this Contract; provided, that where payments
are to be made periodically to Service Provider for services rendered under this Contract, the City expressly reserves the right
to disapprove in whole or in part a request for payment where the services rendered during the period for which payment is
claimed are not performed in a timely or satisfactory manner in accordance with the schedule and description of services set
forth in this contract.
F. Termination of Contract:
1 Termination for breach. Failure of the Service Provider to fulfill Service Provider's obligations under this Contract in a
timely and satisfactory manner in accordance with the schedule and description of services set forth in the Contract Parts
shall constitute a breach of the Contract, and the City shall thereupon have the right to immediately terminate the
Contract. The City shall give written notice of termination to the Service Provider by one of four different means: Facsimile
Transmission ("FAX") if Service Provider has a FAX number; U.S. Postal Service Mail; or by hand delivering a copy of the
same to the Service Provider; or by electronic mail to the address identified on contract document; or may give notice by
any combination of the above methods. The date of termination shall be the date upon which notice of termination is
hand delivered to Service Provider or given by FAX or electronic mail, or the third day following mailing of the notice of
termination, whichever first occurs. In the event of termination for breach, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Service Provider
related to this Contract shall at the option of the City become its property, and the Service Provider shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such documents and other materials;
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provided, that the Service Provider shall not be relieved of liability to the City for any damages sustained by the City by
virtue of any such breach of the Contract by the Service Provider.
1a. Attorney Fees: In the event of any litigation arising from breach of this Contract, the City shall be entitled to
recover from the Service Provider all reasonable costs incurred for such litigation, including staff time, court costs,
attorney fees, and all other related expenses incurred in such litigation.
2. Termination for Convenience. The City shall have the right at any time upon 15 days’ written notice to Service Provider
to terminate and cancel this Contract, without cause, for the convenience of the City, and Service Provider shall
immediately stop work upon issuance of such notice. In such event City shall not be liable to Service Provider except for
payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and
for the actual costs of preparations made by Service Provider for the performance of the cancelled portions of the
Contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations.
Anticipatory profits and consequential damages shall not be recoverable by Service Provider.
G. Confidentiality of Documents. Any reports, data, design or similar information given to or prepared or assembled by the
Service Provider under this Contract which the City requests to be kept as confidential shall not be made available to any
individual or organization by the Service Provider without prior written approval of the City.
H. Discrimination. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of
race, creed, color, national origin or ancestry, sex, religion, handicap, age, status as a protected veteran or status as a qualified
individual with a disability, or political opinion or affiliation, against any employee of Contractor or applicant for employment
and shall include a similar provision in all subcontracts let or awarded hereunder. The parties hereby incorporate the
requirements of 41 C.F.R. §§ 60-1.4(a)(7), 29 C.F.R. Part 471, Appendix A to Subpart A, 41 C.F.R. § 60-300.5(a) and 41 C.F.R. §
60-741.5(a), if applicable.
1. This contractor and any authorized subcontractor shall abide by the requirements of 41 C.F.R. § 60-300.5(a). This
regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered
prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
2. This contractor and any authorized subcontractor shall abide by the requirements of 41 C.F.R. § 60-741.5(a). This
regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative
action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals
with disabilities.
I. Occupational License: The Service Provider shall obtain and maintain an occupational license with the City of Springfield,
Missouri, if required by City Code as well as any required state or federal license. The cost for this occupational license shall
be borne by the Service Provider. No contract will be executed by the City until this occupational license has been obtained.
J. Nonresident/Foreign Service Providers. The Service Provider shall procure and maintain during the life of this Contract:
1. If the Service Provider is a foreign corporation, a certificate of authority to transact business in the State of Missouri from
the Secretary of State, unless exempt pursuant to the provisions of Section 351.572 RSMo.; and
2. A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial
assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo.
K. General Independent Service Provider Clause. This Contract does not create an employee/employer relationship between
the parties. It is the parties' intention that the Service Provider will be an independent contractor and not the City's employee
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for all purposes, including, but not limited to: the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment
insurance laws. The Service Provider will retain sole and absolute discretion in the judgment of the manner and means of
carrying out the Service Provider's activities and responsibilities hereunder. The Service Provider agrees that it is a separate
and independent enterprise from the City, that it has a full opportunity to find other work, that it has made its own investment
in its business, and that it will utilize a high level of skill necessary to perform the services. This Contract shall not be construed
as creating any joint employment relationship between the Service Provider and the City, and the City will not be liable for
any obligation incurred by the Service Provider, including but not limited to unpaid minimum wages and/or overtime
premiums.
L. City Benefits. The Service Provider shall not be entitled to any of the benefits established for the employees of the City nor
be covered by the Workers’ Compensation Program of the City.
M. Notices. All notices required or permitted hereinunder and required to be in writing may be given by FAX, electronic mail (if
to Service Provider), or by first class mail addressed to City or Service Provider at the addresses identified on the contract
document. The date of delivery of any notice provided by mail shall be the date falling on the third day after the day of its
mailing. The date of delivery of notice by FAX transmission or electronic mail (if to Service Provider) shall be deemed to be
the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the
location of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for
the receiving party.
N. Jurisdiction. This Contract and every question arising hereunder shall be construed or determined according to the laws of
the State of Missouri. Should any part of this Contract be litigated, venue shall be proper only in the Circuit Court of Greene
County, Missouri.
O. Delivery: Time is of the essence of this project. If completion times are not met at the time agreed upon, the City reserves
the right to cancel or to purchase elsewhere and hold Service Provider liable for any re-procurement costs.
P. Invoices: An invoice shall be submitted and shall show the purchase order number or contract number and contain full
descriptive information of items or services furnished. All invoices must be received within one year of completion of project
or receipt of goods by the City or any possible payment is forfeited.
Q. Bankruptcy or Insolvency: In the event of any proceedings by or against either party, voluntary or involuntary, in bankruptcy
or insolvency, or for the appointment of a receiver or trustee or an assignee for the benefit of creditors, of the property of
Service Provider, or in the event of breach of any of the terms hereof including the warranties of the Service Provider, City
may cancel this contract or affirm the contract and hold Service Provider responsible in damages.
R. Compliance with Applicable Laws: The Service Provider warrants it has complied with all applicable laws, rules and
ordinances of the United States, or any state, municipality or any other governmental authority or agency in the provision of
service covered by this contract, including but not limited to all provisions of the Fair Labor Standard Act of 1938, as amended.
All applicable laws and Springfield City Code and Purchasing Manual will apply to any resulting contract, contract, or purchase
order. Any involvement with the City Procurement shall be in accordance with the Procurement Regulations, Policies and
Purchasing Manual. Service Provider agrees to comply with all applicable federal, state and local laws and rules and
regulations applicable to the provision of services and products hereunder. Service Provider affirmatively states that payment
of all local, state, and federal taxes and assessments issued to Service Provider has been made in full.
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S. Interpretation of Contract and Assignments: The contract shall be construed according to the laws of the State of Missouri.
The contract, or any rights, obligations or duties hereunder may not be assigned by Service Provider without City's written
consent or any attempted assignment without such consent shall be void.
T. Provisions by Law Deemed Inserted: Each and every provision of the law and clauses required by law to be inserted in this
contract will be deemed to be inserted herein and will read and enforced as though it were included herein, and if through
mistake, or otherwise any such provision is not inserted, then upon the application of either party the contract will be
physically amended to make such insertion or correction.
U. Assignment: The Service Provider shall not assign any interest in this contract and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Provided, however, that claims for
money due or to become due to the Service Provider from the City under this contract may be assigned to a bank, trust
company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in
writing promptly to the City. Any such assignment is expressly subject to all rights and remedies of the City under this
contract, including the right to change or delete activities from the contract or to terminate the same as provided herein, and
no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under
this contract, though City will attempt to so notify any such assignee.
V. Proprietary Information: In accordance with the Missouri Sunshine Law, and except as may be provided by other applicable
state and federal law, all Service Providers should be aware that Requests for Proposals and the responses thereto become
open public records once a contract is negotiated or all proposals are rejected. However, Service Providers are requested to
identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and
which they believe to be exempt from disclosure, citing specifically the applicable exempting law. Failure of Service Provider
to cite specifically to the applicable law exempting disclosure under the Sunshine Law may result in disclosure of such
information. Service Provider should identify any information as confidential and/or proprietary by stamping each page
with such information “Confidential” and/or “Proprietary.” This requirement also applies to the electronic copy that is to
be submitted.
All Proposals received from Service Providers in response to this Request for Proposal will become the property of the City of
Springfield and will not be returned to the Service Providers. In the event of contract award, all documentation produced as
part of the contract will become the exclusive property of the City.
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d. The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or
type of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any
person asserting the claim against City, its elected or appointed officials, agents and employees, for which
indemnification is sought.
e. The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification
rights of the City, its elected or appointed officials, agents and employees, which are otherwise available under statute,
or in law or equity.
f. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this
agreement in its Contract price. Contractor’s obligation under this agreement to defend, indemnify and hold harmless
any person from that person’s own negligence or wrongdoing is limited to the coverage and limits of the applicable
insurance.
g. The Contractor shall indemnify and hold the City harmless for any penalties, fines, fees or costs, including costs of
defense, which are charged or assessed by any Federal, state or local agency including, but not limited to,
Environmental Protection Agency or Department of Natural Resources.
X. Sub-Contracts:
a. The Contractor shall not execute an agreement with any sub-contractor to perform any work until the City has
provided written consent of the use of such sub-contractor.
b. The Contractor shall be fully responsible to the City for the acts and omissions of any sub-contractors, and of persons
either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed
by them.
c. The Contractor shall cause appropriate provisions to be inserted in all sub-contracts relative to the work to require
compliance by each sub-contractor with the provisions of the Contract.
d. Nothing contained in the Conditions shall create any contractual relationship between any sub-contractor and the City.
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